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(영문) 춘천지방법원 2019.01.08 2018구합50480
진료계획 불승인처분 취소청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On June 17, 2016, around 14:30 on June 17, 2016, the Plaintiff was diagnosed as “the instant accident” due to an accident falling from approximately three meters away from the height of retaining walls (hereinafter “instant accident”), and was given medical care in C Hospital with the Defendant’s approval for medical care.

B. On July 17, 2017, the above hospital submitted a medical treatment plan to the Defendant stating that “the Plaintiff needs to receive medical treatment (medical treatment) for 24 weeks from August 1, 2017 to February 1, 2018 (hereinafter “the instant medical treatment plan”).

C. On July 21, 2017, the Defendant rendered a non-approval of the instant medical treatment plan (hereinafter “instant disposition”) on the ground that “the Plaintiff’s symptoms have been fixed.”

The Plaintiff filed a request for examination against the instant disposition, but the request for examination was dismissed on September 20, 2017.

The Plaintiff filed a petition for reexamination on November 1, 2017, but the petition for reexamination was dismissed on January 4, 2018.

【Facts without dispute over the grounds for recognition, Gap evidence 1, 2, and 3, Eul evidence 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion needs to undergo pharmacologic treatment due to symptoms caused by the disease of this case. Thus, it cannot be deemed that the appropriate period of recuperation has expired or the plaintiff's symptoms have been fixed.

Therefore, the instant disposition is unlawful on a different premise.

(b)as shown in the attached Form of the relevant regulations;

C. 1) The Plaintiff received the treatment at the pertinent hospital by July 31, 2017, after receiving the medication from C Hospital on the date of the instant accident ( June 17, 2016). The Plaintiff’s note 2) expressed the following opinions.

The medical treatment plan of May 2, 2017 - the current sporacing two sporacing and heat symptoms, which require pharmacologic and physical therapy due to symptoms.

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